Dismissed
Dr. Umakant Tiwari v. Dr. (Smt.) Swati Vandana Singh Sisodiya
Chhattisgarh HCCONT/1125/2023
Case brief
from the order text
What is this about?
COURT OF CHHATTISGARH, BILASPUR CONT No.…
What the court decided
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COURT OF CHHATTISGARH, BILASPUR CONT No.…
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Versus
---- Respondent
For Petitioner : Mr. Manish Upadhyay, Advocate
Hon'ble Shri Justice Naresh Kumar Chandravanshi
Order on Board
07.12.2023
1. Heard on admission.
2. The present Contempt Petition has been filed by the petitioner alleging non-compliance of Court order dated 17.10.2023 passed in WPS No. 8322/2023.
3. Learned counsel for the petitioner would submit that the petitioner was posted as the Block Medical Officer at Community Health Center, Baloda, District – Janjgir-Champa (C.G.) and he had joined the said post on 12.10.2022. It is further submitted that he was on sanctioned leave from 17.09.2023 to 02.10.2023, but, the respondent, who is posted as the Chief Medical & Health Officer at District – JanjgirChampa (C.G.), malafidely and arbitrarily had given the charge
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of the Block Medical Officer at Community Health Center, Baloda, District – Janjgir-Champa (C.G.) to Dr. Prashant Singh Bais, who is much junior to the petitioner on 27.09.2023. He would further submit that Dr. Prashant Singh Bais had taken over the charge of aforesaid post on same date i.e., 27.09.2023 itself. He would next submit that aforesaid order dated 27.09.2023 was challenged by the petitioner in WPS No.8322/2023, in which, vide order dated 17.10.2023 the effect and operation of order dated 27.09.2023 was stayed by the Coordinate Bench. Thereafter, petitioner filed representation for handing over the charge of the Block Medical Officer in light of stay order passed by the Coordinate Bench of this Court, but, the same has not been obeyed by respondent and thereby, she has willfully disobeyed the order of this Court, hence this contempt petition may be admitted for hearing.
4. Contention putforth by learned counsel for the petitioner itself shows that during leave period of the petitioner, respondent vide order dated 27.09.2023 handed over the charge of the Block Medical Officer at Community Health Center, Baloda, District – Janjgir-Champa (C.G.) to Dr. Prashant Singh Bais and pursuant to that order Dr. Prashant Singh Bais had taken over the aforesaid charge, thus, order dated 27.09.2023, which was stayed by the Coordinate Bench vide order dated 17.10.2023 has already been acted upon. If Dr. Prashant Singh Bais would have not taken over the charge then it could have been said that the respondent has disobeyed the order passed by this
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Court, but, Dr. Prashant Singh Bais has already taken over the charge, hence, I do not feel inclined to hold that there is any deliberate and willful disobedience made by respondent of the order dated 17.10.2023 passed by this Court.
5. In view of above observation, I do not find any good ground to entertain the instant contempt petition and to issue notice to the respondent/contemnor and to draw the contempt proceedings in the matter, hence, the instant contempt petition is dismissed in limine .
6. No order as to cost(s).
SD/(Naresh Kumar Chandravanshi) Judge
Ayushi/Rukhsar
2 issues framed by the court
Whether the High Court should entertain a contempt petition alleging non-compliance with a stay order when a junior officer had already taken over the disputed charge.
Whether deliberate and willful disobedience by the respondent can be established if the impugned order was acted upon by a third party.
Dr. Umakant Tiwari
Dr. (Smt.) Swati Vandana Singh Sisodiya
Naresh Kumar Chandravanshi
As recorded by the court registry
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